The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles), the court below rendered a judgment of innocence against the defendant. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant is a business operator who receives 40% of the sales price from a funeral facility (place) at the time of sales in the funeral site by counseling the members of a funeral company, etc. (bereaved family members) who hold funeral events, such as a charnel house, and receives 40% of the sales price from the funeral facility (place) at the time of sales in the funeral site.

On December 2, 2011, the Defendant: (a) upon receipt of a funeral event held by a standing member Co., Ltd. (hereinafter referred to as “C”) which entered into an installment contract with a standing member (“C”) around the end of the time, the Defendant provided counseling and guidance on funeral events, counseling and guidance on whether to hold a funeral, cremation, cremation, cremation, etc.; (b) guidance on the settlement of funeral services to the bereaved family members without the land; or (c) recommendation of the business operator for the settlement of funeral services to provide such services as the provision of funeral supplies; (d) guidance on the settlement of funeral services to the deceased and his bereaved family members; and (e) consultation and guidance on the settlement of funeral services to the deceased and his bereaved family members; and (e) consultation and guidance on the sales of funeral services as a result of the consultation about the sales of funeral services to the 4% exclusive exercise of funeral services, such as the provision of funeral supplies such as funeral services; and (e) consultation about the selection of the head of the relevant Si/Gun/Gu, in consideration of the sales of funeral services.

2.2 The term “illegal solicitation” means an illegal solicitation.